Friday, January 14, 2022

5 Myths and Misunderstandings Regarding Divorce in Missouri

When two people get married they are thinking about living “happily ever after.” They are certainly not focusing on the fact that half of all marriages end in divorce. So, if a couple finds themselves at the point where divorce is the only option, it can be very confusing and depressing. At Gibbons Law Firm, we have noticed a few myths or misconceptions people have about divorce. Because our family law attorneys in Lake Ozark are more familiar with the process than most people, we have answers to some common questions or myths.  If you are considering divorcing your spouse, and need more information about what it entails, we have some interesting information in today’s blog for you.

Myth #1
You can only divorce your spouse if they commit adultery.

Most states, including Missouri, are no-fault divorce states. That means that no marital misconduct has to be proven before you can file for divorce. In Missouri, the only requirement is that there is “no reasonable likelihood that the marriage can be preserved, and that the marriage is irretrievably broken.“ If you have irreconcilable differences and see no possibility for repairing the relationship, you are able to file for divorce in Missouri.

Myth #2
Getting divorced will involve an expensive court battle.

If the spouses are in agreement on division of property, custody, etc., the process doesn’t have to be adversarial. Having an experienced family law attorney working with you can help you determine how their assets and responsibilities should be divided, as well as child custody, and any other unique matters in a way that you believe can be mutually agreed upon by both spouses.  If your spouse is agreement on what the final outcome should be, it can be relatively straightforward to get that finalized legally with the help of a good attorney. 

Myth #3
You cannot get divorced unless both spouses agree.

This isn’t true. In Missouri, if a person no longer wants to be married, they do not have to be bound to their marriage. If the other spouse does not want to divorce, they may try to hinder the proceedings, and may very well make things more difficult. But they don’t actually have to agree in order for the divorce to take place.

Myth #4
The mother will automatically be given custody of the child.

When the court decides who to award custody to it will base the decision on eight statutory factors. It will not necessarily go to the children’s primary caregiver in the past or the parent with the highest income. You and your attorney will have the opportunity to prove to the court that you are the best choice based on those eight factors.  You will want to have an experienced divorce attorney in central Missouri who can guide you in proving that to the court.

Myth #5
If a spouse refuses to pay child support, he or she loses visitation rights.

You may not withhold visitation with your child from your ex because he or she is refusing to pay child support. Even if it seems like that’s the only way you are going to get your spouse to help pay for the expenses of raising your child, it is very unadvised to do so. If the court finds out you are withholding visitation rights from your spouse until you receive child support, there could be legal consequences. It can also cause unnecessary resentment between you and your child. If your spouse has been ordered to pay child support and bear their fair share of the financial responsibility of raising your child, and he or she refuses to honor that order, you should contact an attorney to decide the appropriate and most effective action to take.

Gibbons Law Firm is here for you!

We know this is tough, and not something you wanted. But if your marriage cannot be repaired, and your only option is divorce, we can help you get through it and look out for your best interests. At Gibbons Law Firm, we offer free initial consultations with our divorce lawyers in mid-Missouri. We are here to answer your questions and provide guidance through this difficult time. Our contact information is below for your convenience. If you are interested in more legal tips and information from our law firm, we invite you to follow us on our social media platforms using the links below.


Remember, your initial consultation with Gibbons Law Firm is always free.



Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049


(573) 348-2211

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Thursday, January 6, 2022

Why a Landlord May Need a Trusted Attorney

Becoming a landlord at the Lake of the Ozarks can be a great opportunity for someone to create an income for themselves, and provide some much-needed housing.  Whether long-term or short-term, buying property at the Lake of the Ozarks for rent is a very popular investment. Being a landlord can involve a few legal issues though, and the better you protect yourself, the more likely you are to prevent lawsuits or losses in court. If you are thinking about becoming a landlord, or are already a landlord, and would like to hear a few common reasons why you may want to have an experienced attorney on your team, we invite you to keep reading this blog.

Creating a lease agreement

The more clearly a landlord and tenant understand the agreement, the easier it is for the tenant to comply, and for you to enforce. Having an excellent landlord-tenant attorney in mid-Missouri help you with your lease agreement can save you lots of headaches down the road and ensure that you are positioned the best way possible to protect you from any adverse legal action. The agreement should clearly outline all the specifics, like exactly who the tenants are, the terms of the lease, payment amounts and when they are due, deposits, fees or fines, etc. Gibbons Law Firm in Lake Ozark knows exactly what needs to be in your lease agreement to protect you as a landlord, and we are happy to help.  

Injury or illness

If you have a tenant claim an injury or illness due to negligence on your part, you don’t want to take it lightly. Of course, you know it is your responsibility to make sure that the home you’re renting is safe and hazard-free. That being said, if you are accused of something that is not due to your negligence, hiring an experienced attorney at Lake of the Ozarks is critical. Your lawyer can guide you on what to do, and if the tenants have a case.

Eviction

Having to evict a tenant is a terrible situation to be in. It is something you do not want to do without seeking legal advice first. You will want a lawyer who can guide you through the process and educate you on what your rights are as a landlord. If you’re going to take the steps to evict someone, you need to do it the right way, and an experienced attorney can show you the best way to go about it.

Property damage

This can go both ways. A landlord could have an issue where their tenants damaged the home they were renting, or the opposite, where tenants are claiming that their property has been damaged due to negligence on the landlord's part. Either way, having an attorney that you know and trust will make the situation much less stressful if it happens.  Again, your lawyer should be able to let you know if you (or they) have a case and how to proceed. 


These are just a few examples of why having a landlord-tenant attorney at the Lake of the Ozarks is a smart move!  If you were thinking about becoming a landlord, or are one now, and do not have an attorney, we hope you found this information helpful. If you would like to sit down with us and see what other ways we might be able to help you, give us a call! Your initial consultation is free. If you enjoyed this blog and would like to stay in touch and hear all our tips and information, be sure to follow us on our social media channels below. 


Remember, your initial consultation with Gibbons Law Firm is always free.



Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049


(573) 348-2211

Follow us on...